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2024 DIGILAW 462 (GUJ)

Vechanbhai Ramjibhai Vasava v. Jayrajsinh Sitaramsinh

2024-03-06

GITA GOPI

body2024
JUDGMENT : 1. Both the First Appeals arise out of the common judgment and order dated 18.12.2021 passed by MACT (Aux), Bharuch in MACP nos.174/14 and 175/14. 2. Facts of the case as could be culled out from the impugned judgment suggest that on 19.5.2014, both the deceased of connected matters were going from Netrang to Dediapada on motorcycle bearing registration no. GJ-05 ED-1861. They were on the side of the road with moderate speed, at that time, a trailer bearing registration no. CG-4 G-3625 came on the wrong side in an excessive speed rashly and negligently and dashed the motorcyclist. As a result, both of them sustained injuries and succumbed to death at the place of accident. The deceased Kiran Vechanbhai Vasava was aged about 23 years, while the deceased Samel Sanjaybhai Vasava was aged about 20 years at the time of the accident. 3. Since it was urged before the Tribunal that both the deceased were doing agriculture work, the Tribunal assessed the monthly income as Rs.3,513/-. Advocate Mr. Bhalodi submitted that such an assessment is not in accordance to the minimum wages schedule and has submitted that the definite amount as approved by the State was required to be granted. 4. Advocate Mr. Mazmudar submitted that the Tribunal has considered the compensation amount in right perspective. Mr. Mazmudar submitted that it is a case of fake driving license of the driver of the trailer, where the plea was taken of fake driving license and the Tribunal has accepted as being proved and thus, submitted that pay and recover order has been passed. Mr. Mazmudar further submitted that just and reasonable amount as compensation has been granted. 5. The material supplied to this Court for consideration of the minimum wages shows that at the time of the accident, the wage for unskilled labourer was Rs.5,940/-. Considering the age, 40% prospective rise in income would be added in accordance to the judgment in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680 . Both the deceased died unmarried and hence, half of the amount would be deducted for personal expenses and applying multiplier of 18, dependency loss would be considered. Hence, the calculation would be Rs.5,940/- + 40% prospective rise = Rs.8,316/- divided by half = Rs.4,158/- x 12 x 18 = Rs.8,98,128/-. 6. reported in (2017) 16 SCC 680 . Both the deceased died unmarried and hence, half of the amount would be deducted for personal expenses and applying multiplier of 18, dependency loss would be considered. Hence, the calculation would be Rs.5,940/- + 40% prospective rise = Rs.8,316/- divided by half = Rs.4,158/- x 12 x 18 = Rs.8,98,128/-. 6. The consortium loss is to be granted to the parents. In MACP no.174/14, the claimants are parents and major sisters, while in MACP no.175/14, the claimants are mother and minor sister who were dependents on the earning of the deceased. Relying on the judgment in the case of Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130 , consortium loss is required to be granted to two of the claimants in each matter. Hence, with rise of 10% as laid down in the case of Pranay Sethi (supra) and as also considered by the Tribunal, consortium loss in each matter would be Rs.88,000/-, since parents, mother and minor sister would be dependents. 7. Accordingly, following the decision in the case of Pranay Sethi (supra), an amount of Rs.16,500/- each is granted under the head of funeral expenses and loss to estate. 8. The computation in both First Appeal no.666/23 (MACP no.174/14) and First Appeal no.667/23 (MACP no.175/14) would be as under:- Loss of dependency Rs.8,98,128/- Loss of consortium Rs.88,000/- Funeral expenses Rs.16,500/- Loss to estate Rs.16,500/- Total compensation Rs.10,19,128/- 9. As the Tribunal has granted compensation of Rs.5,69,114/- with interest at the rate of 9% per annum in each matter, the claimants would be entitled to the enhanced amount of compensation of Rs.4,50,014/- in each matter with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization. The enhanced amount is directed to be deposited within eight weeks from the date of receipt of writ of this Court. 10. On deposit of the amount, let total amount be paid to the claimants on verification of the identity in proportion as declared by the Tribunal by cheque or RTGS or NEFT. The direction of the Tribunal for paying the amount and thereafter to recover the same be followed accordingly. 11. The impugned judgment and award be modified accordingly. The appeal is partly allowed. The direction of the Tribunal for paying the amount and thereafter to recover the same be followed accordingly. 11. The impugned judgment and award be modified accordingly. The appeal is partly allowed. Registry is directed to send the record and proceedings back to the Tribunal, if received.